IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

MILA KRUPNICK, 

Plaintiff, 

v. 

ARCADIS OF U.S., INC., 

Defendant. 

:

:

:

:

:

:

:

:

:

:

:

Case No. 2:12-cv-00273-ALM-MRA 

Judge: Algenon L. Marbley 

Magistrate Judge Abel 

STIPULATED PROTECTIVE ORDER

 WHEREAS, Plaintiff Mila Krupnick (“Plaintiff”) has sought from Defendant Arcadis 

U.S., Inc. (“Arcadis” or “Defendant”)1 certain personnel information (“Personnel Information”) 

about individuals, other than herself, who are or have been employed by Defendant, which 

Defendant considers to be confidential; 

 WHEREAS, Plaintiff has sought from Arcadis certain proprietary business information 

(“Business Information”), which Arcadis considers to be confidential; 

 WHEREAS, this confidential Personnel Information and proprietary Business 

Information should be given the protection of an Order to prevent it from being disseminated or 

used outside this litigation; 

 WHEREAS, the Parties have stipulated and agreed, through their respective undersigned 

counsel, to the following terms regarding the disclosure of information in this litigation that is 

confidential; and 

 

1

 Arcadis is improperly named “Arcadis of U.S., Inc.” in the case caption. 

Case: 2:12-cv-00273-ALM-EPD Doc #: 17 Filed: 08/16/12 Page: 1 of 5 PAGEID #: <pageID>
2

 For good cause shown; 

IT IS on this 16th day of August, 2012 HEREBY ORDERED: 

 1. Scope. This Protective Order (“Protective Order”) specifically governs the 

production, use, and handling of Personnel Information for individuals other than Plaintiff, and 

proprietary Business Information, produced, exchanged by, to, or with any person involved in 

this lawsuit. “Personnel Information,” as it is used herein, means (a) all documents containing 

personal identifiers of current and/or former employees of Arcadis (for purposes of this Order 

“personal identifiers” means: social security numbers, dates of birth, addresses, telephone 

numbers, electronic mail addresses, financial account information, and names and identities of 

family members.); (b) all documents contained in any current and/or former employee’s 

employment records that includes personal contact and compensation information; (c) all 

documents related to performance, including but not limited to performance evaluations; (d) any 

parts or portions thereof; and (e) anything prepared for, derived from, or incorporating the 

foregoing. “Business Information,” as it is used herein, means (a) any documents related to 

Arcadis’s organizational structure; (b) any documents related to any complaints made by any 

employee regarding unlawful treatment and any documents related to any investigation into such 

complaints; (c) any information identifying or regarding Arcadis’s customers and/or work 

performed for Arcadis’s customers; (d) other information containing trade secrets or other 

confidential research, development, or proprietary commercial information not generally 

available to the public; and (e) anything prepared for or derived from or incorporating the 

foregoing. 

 2. Procedure for Designating Personnel Information and Business Information as 

“Confidential Information.” Document(s) that a producing party in good-faith believes contain(s) 

Case: 2:12-cv-00273-ALM-EPD Doc #: 17 Filed: 08/16/12 Page: 2 of 5 PAGEID #: <pageID>
3

Personnel or Business Information shall be marked by the producing party with the legend 

“Confidential” or “Confidential Information.” 

 a. Deposition Transcripts. If Personnel Information for anyone other than 

Plaintiff, or Business Information, is used as exhibits in a deposition or is the subject of 

deposition testimony, the Parties agree that the appropriate exhibit pages and/or transcript pages 

and all copies thereof shall be marked with the legend “Confidential” or “Confidential 

Information.” Defendant has the responsibility of marking the pages with this designation. 

 b. Filings. If Personnel Information for anyone other than Plaintiff, or 

Business Information, is contained in material to be filed with the Court, the material may be 

filed only under seal only by order of the Court upon good cause shown. 

 3. Restrictions on Use and Disclosure of Protected Information. Personnel and 

Business Information shall be used solely in connection with and only as necessary to the 

litigation of this matter and any related appellate proceeding, and not for any other purpose. The 

substance or content of Personnel and Business Information may only be disclosed to people 

listed in this paragraph pursuant to the terms and conditions of this Protective Order. 

 a. Personnel and Business Information may be disclosed to: 

 i. The Judges presiding over this lawsuit, their staff 

attorney(s) and other Court personnel, and any stenographic reports, to the 

extent necessarily incident to the litigation of this action; 

 ii. The attorneys who are signatories of this Protective Order, 

together with their respective partners, associates, clerks, legal assistants, 

secretaries and other support staff who are actively engaged in assisting 

such attorneys in the prosecution or defense of this lawsuit; 

 iii. Plaintiff and Defendant’s representatives, employees, 

and/or agents, to the extent necessarily incident to the litigation of this 

action; and/or 

 iv. Copying services, experts, investigators and consulting 

Case: 2:12-cv-00273-ALM-EPD Doc #: 17 Filed: 08/16/12 Page: 3 of 5 PAGEID #: <pageID>
4

attorneys. 

 b. Personnel and Business Information may also be disclosed to, but copies 

of such documents shall not be given to, prospective witnesses who may have relevant 

information regarding the information. Counsel shall inform such persons of this Protective 

Order and its contents. 

 4. Use of Personnel Information at Deposition, Hearing, or Arbitration. Whenever 

Personnel and Business Information is to be referred to or disclosed in a deposition, Defendant 

may exclude from the room any person who is not entitled to receive such Personnel or Business 

Information, pursuant to this Protective Order. This agreement does not affect the use of any 

documents or information at trial. Nor does it affect the use of any documents or information at 

depositions, subject to the restrictions in paragraph 3 and the provisions in this paragraph 4. 

 5. Custody of Personnel and Business Information. Personnel and Business 

Information and any copies or extracts thereof shall be retained in the custody of the attorneys of 

record during the pendency of this lawsuit except as reasonably necessary to provide access to 

persons authorized under the provisions of this Protective Order. 

 6. Procedure on Termination of Action. Within 30 days of the final termination of 

this lawsuit, whether by judgment, settlement, or conclusion of proceedings on appeal, Plaintiff 

and Plaintiff’s attorney shall destroy any material containing Personnel and Business Information 

to Defendant, and shall send Defendant’s attorney a letter confirming, under oath, that materials 

containing Personnel and Business Information were destroyed. Notwithstanding the foregoing, 

the attorneys of record may retain all correspondence, depositions, pleadings, briefs, memoranda, 

motions and other documents containing attorney-client privileged materials and/or attorney 

work product that refers to Personnel and Business Information, and will continue to be bound 

Case: 2:12-cv-00273-ALM-EPD Doc #: 17 Filed: 08/16/12 Page: 4 of 5 PAGEID #: <pageID>
5

by the terms of this Protective Order with respect to the retained information. 

 7. Effective Date. This Protective Order shall become effective immediately upon 

its entry by the Court in this Action. 

 8. Civil Rule 26(c). The provisions of Civil Rule 26(c) apply to any motion brought 

by the party seeking to remove the confidential designation from any document. 

APPROVED: 

 

 

Greg R. Mansell 

Greg.Mansell@BeggsCaudill.com 

BEGGS CAUDILL, LLC 

7240 Muirfield Dr., Suite 120 

Dublin, OH 43107 

Telephone: (614)-610-4134 

Attorney for Plaintiff 

 

Natalie M. McLaughlin, Trial Attorney 

(#0082203) 

nmclaughlin@littler.com

LITTLER MENDELSON, P.C. 

21 East State Street, 16th Floor 

Columbus, OH 43215 

Telephone: 614.463.4201 

Facsimile: 614.221.3301 

Stacey A. Campbell (admitted pro hac vice ) 

scampbell@littler.com

LITTLER MENDELSON 

1900 16th Street, Suite 8000 

Denver, CO 80202 

Telephone: 303.629.6200 

Facsimile: 303.629.0200 

Attorneys for Defendant ARCADIS U.S., Inc. 

 

 SO ORDERED: 

 s/Mark R. Abel 

 United States Magistrate Judge 

Firmwide:113409640.3 066856.1005 

Case: 2:12-cv-00273-ALM-EPD Doc #: 17 Filed: 08/16/12 Page: 5 of 5 PAGEID #: <pageID>